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J <br />1 <br />require a change or modification of the Resolution associated with the deposit. <br />Attorney Collins stated that the ordinance requires deposits of any utility customer <br />and you could not treat one customer different from the other without being arbitrary and <br />capricious. At a minimum, the Ordinance would have to be amended, and if exceptions were to <br />be given to the policy, there would have to be some direction as to what criteria would qualify <br />for an exemption from the deposit. <br />12. COUNTY ATTORNEY <br />A. EXECUTIVE AIDE - MUTUAL RELEASE AND COVENANT NOT TO <br />SUE <br />County Attorney William Collins explained the nature of this request by recapping <br />his memorandum of February 28, 2007. He asked the Board to approve the legal staff s <br />recommendation to (1) authorize the Chairman to execute the Mutual Release and Covenant Not <br />to Sue with the severance package attached as Exhibit "A" to that Release, which was executed <br />by Ms. Massung on February 5, 2007; and (2) Move not to obtain a Release from Age <br />Discrimination Claims under the Older Workers Benefit Protection Act in consideration of an <br />additional $1,000.00 compensation. <br />(Clerk's Note: Administrator Baird departed the meeting at 5:23 p.m.). <br />Attorney Collins summarized, for the Board, the severance package given Ms. <br />Massung. He recommended that the Board approve the already executed Release and forego the <br />Age Discrimination Claims. <br />Commissioner Flescher considered this matter "a fresh layer of snow on the <br />March 6, 2007 49 <br />